It is very common that when a company receives a subpoena or notification by a labor authority, such companies do not have the necessary knowledge to determine: (i) whether such company is the intended recipient of the documents conveyed; (ii) how the labor authority should identify themselves whenever conveying such documents; and (iii) what one should respond before said authority in order to avoid receiving documents that do not pertain to the company.
In this regard, it is important for companies to ask the labor authorities to identify themselves during a company visit. The representative acting on behalf of the labor authority should present an official identification pertaining to the agency to which he or she belongs.
Secondly, the labor authority representative must specify the reason for his/her visit and show the documents he/she intends to present. At that time, the person receiving the documents on behalf of the company must pay attention to the following: i) that the name and address of the company that appear in the documents are correct and complete; ii) that the document being presented is not postdated; iii) that if the legal representative of the company is not found, the labor authority representative is informed of such situation, and is required to leave a subpoena for the legal representative. If the labor authority representative refuses to leave a subpoena, then at the moment of signing the document, it must be put in writing that the representative refused to make the summons despite the absence of the legal representative of the company; and iv) that the labor authority representative must be informed if there are other entities or individuals to be summoned who do not have their domicile or do not work at the address where the notification is intended to be delivered.